HomeMy WebLinkAboutSatisfaction Improvement Agreement 89-09382October 18, 2016
CENTRAL
POINT
Jackson County Official Records 2096-034487
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I, Christirw walker, County Clark far Jeekson County, Cregen, eertlry
that the Insbumant dantlfietl herein was retwreltl in Me Clark
raCOpe. Christine Walker -County Clerk
SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT
For
Gerald & Kathleen Perkins
372W3DD9701, Central Point
Be it known by all present that the undersigned does hereby certify and declare that certain obligations
filed against the property listed below and attached to this release and showing the filing number of said
records in the office of the County Clerk of Jackson County, State of Oregon. Satisfaction of original
Deferred Improvement Agreement, between the City of Central Point and Gerald & Kathleen Perkins
entered into on March 17, 1989.
City of Central Point, October 2016
Property located In the Township 37, Range 2W 3DD of the Willamette Meridian, Tax Lot 9701
Recording Number: 89-09382
Recording Date: 05/08/89
Af- Qvu'A'_
Matt Samitore
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson )
Date
On the W'day of July, 2016, personally appeared before me the above-named, Matt Samitore, and
acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point.
OFFNNAL STAMP
CYNTHIA A t MMM
NOTARY PUS MORE"
COMMISSION No. 980992
W COAM1881011 OMS JUNE 04 an
Notary Public for Oregon
My Commission Expires: 00/Ot0/120
0
89-09382
DEFERRED IMPROVEMENT AGREEMENT
Property identification: 37 2W 3DD, TL 9701. (.legal description attached)
THIS AGREEMENT between the CITY OF CENTRAL POINT, herein after referred to as
"City," and
Gerald K. Perkins and Kathleen J. Perkins
hereinafter referred to as 'Owner."
WHEREAS, Owner desired to develop the property described in Exhibit "A" but wishes
to defer construction of permanent improvements beyond the time limits otherwise
required, and City agrees to such deferment provided Owner agrees to construct
improvements as herein provided; NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
II
This agreement is an instrument affecting the title and possession of the real
property described in Exhibit "A". All the terms and conditions herein imposed
shall run with the land and shall be binding upon and inure to the benefit of
the successors in interest of Owner. Upon any sale or division of the property
described in Exhibit "A", the terms of this agreement shall apply separately to
each parcel and the owner of each parcel shall succeed to the obligations imposed
on Owner by this agreement.
NATURE OF OBLIGATION
A. City and Owner agree that the improvements set forth in this section may be
deferred because immediate installation of such improvements is not deemed
practical at this time.
B. Owner agrees to construct the following improvements in the manner set forth
in this agreement:
Storm drainage systems, bikepaths, sidewalks, curbs, gutters
paving and street improvements, and streetlights that may
benefit the herein described property.
C. When the City Administrator determines that the reason(s) for the deferment
no longer exist(s), he shall notify Owner, in writing, of terms for performance of
the work. The notice shall be mailed to the current owner or owners of land as
shown on the latest adopted county assessment roll. All or any portion of said
improvement may be required at a specified time. Each Owner shall participate
on a pro rata basis of the cost of installation of the improvements.
DEFIMPRO.AG/PLANWK `
}
89-09382
III. PERFORMANCE OF THE WORK BY OWNER
Owner agrees to the performance of the work deferred hereby, by conformance with
one of the following options:
A. WORK PERFORMED BY OWNER - Owner is responsible for performance of the work
and obtaining contractors therefor. Owner shall cause satisfactory plans and
specifications for the improvements to be prepared and to submit said plans and
specifications to the City Administrator for approval prior to commencement of
the work to be done. Such work shall be done in accordance with City standards in
effect at the time the improvement plans are submitted for approval. Owner agrees
to make payments required by the City including, but not limited to engineering
deposits, permit fees and inspection fees. Owner shall notify the City Adminis-
trator at least forty-eight (48) hours prior to the start of work.
Prior to approval of improvement plans by the City, Owner may be required to
execute and deliver to the City, a performance bond in an amount and form accepta-
able to the City, to be released by the City in whole or in part upon the City's
final acceptance of the work performed.
If Owner disagrees with the requirements set forth for installation of improve-
ments as provided in this section, he shall, within thirty (30) days of the date
the notice from the City Administrator was mailed, request a review of the
requirements by the City Council. The decision of this Council shall be binding
upon both the City and the Owner.
B. CONSTRUCTION AS LOCAL IMPROVEMENT TO BE ASSESSED AGAINST PROPERTY - Owner's
signature hereon shall be equivalent to a petition required in Section 11.04.020 of
the Central Point Municipal Code. If Owner does not complete the improvements
himself under provisions of paragraph III, A, above, the City may do the work as a
local improvement project following the procedures established by ordinance for
such projects and assess the cost against the property specially benefited. Per-
mission to enter onto the property of the owner is granted to the City or its
contractor as may be necessary to construct such improvements. Owner hereby waives
any right of remonstrance to said improvements.
IV. MAINTENANCE OF IMPROVEMENTS
Owner agrees to provide any necessary temporary facilities, access road or other
required improvements, to assume responsibility for the proper functioning thereof,
to submit plans to the appropriate City agency for review if required, and to
maintain said improvements and facilities in a manner which will preclude any
hazard to life or health or damage to adjoining property.
City agrees to accept for maintenance those improvements specified in Section II,
excepting sidewalks, which are constructed in accordance with City standards,
which are installed within right-of-ways or easements dedicated and accepted by
the City, and which have received final acceptance by the City. Where the
required work is performed by Owner pursuant to the above Section III, B,
the City Administrator will provide adequate and timely progress inspection
of said work and upon completion of any said improvements in accordance
herewith, will issue to the Owner his final certificate of inspection and
acceptance thereof; provided, however, the Owner shall guarantee all im-
DEFIMPRO.AG/PLANWK
A
provements to be constructed in a workmanlike manner and to be free of de-
fects for a period of two (2) years from the date of issuance of
the final certificate and acceptance. If, in the opinion of the City Administra-
tor, it shall be necessary to repair or replace all or part of such improvement
within said two-year period, the City Administrator shall so notify the Owner and
it shall be the responsibility of said Owner to construct the necessary repair or
replacement. If such construction is not accomplished in a timely fashion, the
City may construct or contract for such construction, and the Owner shall be
responsible for all costs incurred. Assessment for such construction shall be as
P
'ded in •art IV.
provi
DATED this day of 19
OWNER CITY OF CENTRAL POINT
By:
902E�Wm=
it
TO before me this day of 19
and
Notary Public for Oregon
My commission expires:_
S9 -0938Z
EXIMIT "A"
DESCRIPTION OFREAL-PROPERTYt
Beginning at the most Easterly corner of Block 14 in
the Town of Central Point, Jackson County, Oregon,
marked by a lead slug with center punch markt thence
South 54°51.130" West, along the Southeasterly boundary
of Lots 16 and 15, a distance of 66.33 feet to the most
Southerly corner of Lot 151 thence North 35°09145" West
along the Southwesterly boundary of Lot 15, a distance
of 80.0 feet; thence North 54°51130" East to the Westerly
boundary of First Streets thence South 35009145" East,
along the Southwesterly boundary of said Street, 80.0
feet to the point of beginning.
DESCRIPTIO14 OF INTEREST TRANSFERREDt Fee simple absolute
jack,,3 >n County, OxegOn
Recorded
OFFICIAL RECORDS
MAY 81989!
KATHLEEN S. BECKETT
ORDERr
a